Sacramento County DUI
California DUI law is very complex, with multiple provisions of the Vehicle Code defining illegal actions and penalties. DUI in Sacramento County is particularly complicated because of Vehicle Code 23700, which requires the county to participate in a test program mandating all people convicted of DUI to install Ignition Interlock Devices on their vehicles. Because of this, you need my experience as a Sacramento County DUI defense attorney to protect your rights and interests.Vehicle Codes 23152 and 23153
VC 23152(a) declares it illegal to drive under the influence of alcohol or drugs, while VC 23152(b) specifically makes it a crime to drive with a blood alcohol content of 0.08% or higher.
VC 23153(a) states that it's illegal to cause injury to another person while driving under the influence of alcohol and/or drugs, while VC 23153(b) specifically makes it a crime to cause injury to another person while driving with a blood alcohol content of 0.08% or higher.Optional Installation of Ignition Interlock Devices for Shorter License Suspension
Vehicle Code 13352 allows people convicted of a second or third DUI the option of getting a restricted license sooner if they agree to install Ignition Interlock Devices (IID) on their vehicles. (A restricted license allows the person to drive to and from DUI education courses and in the course of employment.) Click here, or on the link at the left, for a complete description of this program.Mandatory Installation of Ignition Interlock Devices in Sacramento County
Vehicle Code 23700 establishes a test program in Sacramento County - as well Los Angeles, Tulare, and Alameda counties - requiring all people convicted of DUI in the county to install Ignition Interlock Devices on their vehicles. The mandated installation period depends on the number of prior DUIs.
People convicted of driving under the influence (California Vehicle Code 23152) must install IIDs on all vehicles they use for these periods:
- First Offense - 5 months
- Second Offense - 12 months
- Third Offense - 24 months
- Fourth Offense - 36 months
People convicted of DUI involving injury to another person (California Vehicle Code 23153) must install IIDs on all vehicles they use for these periods of time:
- First Offense - 12 months
- Second Offense - 24 months
- Third Offense - 36 months
- Fourth Offense - 48 months
DMV has declared that this program applies to everyone convicted of DUI in Sacramento County; the convicted person's county of residence is not relevant. Therefore, a Placer County resident convicted of DUI in Sacramento County would have to install IIDs on his vehicles. In addition, DMV has declared that this test program applies only to people whose violations occur on or after July 1, 2010.
Be aware, however, that AB 1601, which took effect January 1, 2012, gives judges the authority to impose license suspensions of up to ten years when a person receives three DUI convictions within a 10 year period.
With the signing into law of SB 1046, this program has been extended in Sacramento County through the end of 2018 and will take effect in all counties in the state beginning in 2019.DMV Hearings
Arrest for driving under the influence results in two separate reviews of the case, one through the criminal court system and the other through the Department of Motor Vehicles. The DMV review - called an Administrative Per Se hearing - is concerned solely with suspension of driving privileges. It involves no jury and has different rules of evidence and procedure than does a criminal trial. Moreover, a decision in one proceeding has no influence on what occurs in the other. Thus, a person may be found not guilty in court but still have her license suspended by the DMV. For a complete description of DMV hearings, click here, or on the link to the left.Confidential and Free Consultation
If you've been arrested for DUI in Sacramento County, you need an defense lawyer who understands the many laws that apply. With my nearly 20 years in criminal law in the Sacramento region - including previous experience as a prosecutor - I can help defend you against DUI charges. Call me at (916) 442-1200 for a confidential and free consultation.